“Special Protection of Children

Against Child Abuse, Exploitation and

Discrimination Act
• Section 1. Title. - This Act shall be known as the
"Special Protection of Children Against
Abuse, Exploitation and Discrimination Act."
• Sec. 2. Declaration of State Policy and
Principles.
The State shall intervene on behalf of the child when
the parent, guardian, teacher or person having care
or custody of the child fails or is unable to protect
the child against abuse, exploitation and
discrimination or when such acts against the child are
committed by the said parent, guardian, teacher or
person having care and custody of the same.
1. CHILDREN Persons below eighteen (18) years of age;
Or those over but are unable to fully take care of
themselves or protect themselves from abuse, neglect,
cruelty, exploitation or discrimination because of
physical or mental disability or conditions; (Section 3 (a),
R.A. 7610)
• (a) "Children" refers to person below eighteen (18)
years of age or those over but are unable to fully
take care of themselves or protect themselves from
abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition;

• (b) "Child abuse" refers to the maltreatment, whether

habitual or not, of the child which includes any of the
following:
•
• 1) Psychological and physical abuse, neglect, cruelty,
sexual abuse and emotional maltreatment;
• (2) Any act by deeds or words which debases,
degrades or demeans the intrinsic worth and dignity
of a child as a human being;
• (3) Unreasonable deprivation of his basic needs for
survival, such as food and shelter; or
• (4) Failure to immediately give medical treatment to
an injured child resulting in serious impairment of his
growth and development or in his permanent
incapacity or death.
• (c) "Circumstances which gravely threaten or endanger
the survival and normal development of children"
include, but are not limited to, the following:
(1) Being in a community where there is armed conflict or
being affected by armed conflict-related activities;
• (2) Working under conditions hazardous to life, safety and
normal which unduly interfere with their normal
development;
• (3) Living in or fending for themselves in the streets of
urban or rural areas without the care of parents or a
guardian or basic services needed for a good quality of
life;
• (4) Being a member of a indigenous cultural community
and/or living under conditions of extreme poverty or
in an area which is underdeveloped and/or lacks or
has inadequate access to basic services needed for a
good quality of life;
• (5) Being a victim of a man-made or natural disaster
or calamity; or
• (6) Circumstances analogous to those above-stated
which endanger the life, safety or normal development
of children.
• (d) "Comprehensive program against child abuse,
exploitation and discrimination" refers to the coordinated
program of services and facilities to protected children
against:
•
• (1) Child Prostitution and other sexual abuse;

• (2) Child trafficking;

• (3) Obscene publications and indecent shows;

• (4) Other acts of abuses; and

• (5) Circumstances which threaten or endanger the survival

and normal development of children.
• Sec. 4. Formulation of the Program. - There shall be
a comprehensive program to be formulated, by the
Department of Justice and the Department of Social
Welfare and Development in coordination with other
government agencies and private sector concerned,
within one (1) year from the effectively of this Act, to
protect children against child prostitution and other
sexual abuse; child trafficking, obscene publications
and indecent shows; other acts of abuse; and
circumstances which endanger child survival and
normal development.
• Sec. 5. Child Prostitution and Other Sexual Abuse. -
Children, whether male or female, who for money,
profit, or any other consideration or due to the
coercion or influence of any adult, syndicate or group,
indulge in sexual intercourse or lascivious conduct, are
deemed to be children exploited in prostitution and
other sexual abuse.
• The penalty of reclusion temporal in its medium period to
reclusion Perpetua shall be imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child
prostitution which include, but are not limited to, the following:

(1) Acting as a procurer of a child prostitute;

(2) Inducing a person to be a client of a child prostitute by
means of written or oral advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a
child as prostitute;
(4) Threatening or using violence towards a child to engage
him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary
benefit to a child with intent to engage such child in
prostitution.
• (b) Those who commit the act of sexual intercourse of
lascivious conduct with a child exploited in prostitution
or subject to other sexual abuse;
• Provided, That when the victims is under twelve (12)
years of age, the perpetrators shall be prosecuted
under Article 335, paragraph 3, for rape and Article
336 of Act No. 3815, as amended, the Revised Penal
Code, for rape or lascivious conduct, as the case may
be:
• Provided, That the penalty for lascivious conduct when
the victim is under twelve (12) years of age shall be
reclusion temporal in its medium period; and
• (c) Those who derive profit or advantage therefrom,
whether as manager or owner of the establishment
where the prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment or
establishment serving as a cover or which engages in
prostitution in addition to the activity for which the
license has been issued to said establishment.
• There is an attempt to commit child prostitution under
Section 5, paragraph (a) hereof when any person
who, not being a relative of a child, is found alone
with the said child inside the room or cubicle of a
house, an inn, hotel, motel, pension house, apartelle or
other similar establishments, vessel, vehicle or any
other hidden or secluded area under circumstances
which would lead a reasonable person to believe that
the child is about to be exploited in prostitution and
other sexual abuse.
• Sec. 7. Child Trafficking. - Any person who shall
engage in trading and dealing with children including,
but not limited to, the act of buying and selling of a
child for money, or for any other consideration, or
barter, shall suffer the penalty of reclusion temporal to
reclusion perpetua. The penalty shall be imposed in its
maximum period when the victim is under twelve (12)
years of age.
There is an attempt to commit child trafficking under
Section 7 of this Act:
• (a) When a child travels alone to a foreign country
without valid reason therefor and without clearance
issued by the Department of Social Welfare and
Development or written permit or justification from the
child's parents or legal guardian;
• (c) When a person, agency, establishment or child-
caring institution recruits women or couples to bear
children for the purpose of child trafficking; or
• (d) When a doctor, hospital or clinic official or
employee, nurse, midwife, local civil registrar or any
other person simulates birth for the purpose of child
trafficking; or
• (e) When a person engages in the act of finding
children among low-income families, hospitals, clinics,
nurseries, day-care centers, or other child-during
institutions who can be offered for the purpose of child
trafficking.
• Sec. 9. Obscene Publications and Indecent Shows. -
Any person who shall hire, employ, use, persuade,
induce or coerce a child to perform in obscene
exhibitions and indecent shows, whether live or in
video, or model in obscene publications or
pornographic materials or to sell or distribute the said
materials shall suffer the penalty of prison mayor in its
medium period.
• Sec. 10. Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other Conditions Prejudicial to the
Child's Development. -
(a) Any person who shall commit any other acts of
child abuse, cruelty or exploitation or to be
responsible for other conditions prejudicial to the
child's development including those covered by Article
59 of Presidential Decree No. 603, as amended, but
not covered by the Revised Penal Code, as amended,
shall suffer the penalty of prison mayor in its minimum
period.
• (b) Any person who shall keep or have in his company
a minor, twelve (12) years or under or who in ten (10)
years or more his junior in any public or private place,
hotel, motel, beer joint, discotheque, cabaret, pension
house, sauna or massage parlor, beach and/or other
tourist resort or similar places shall suffer the penalty
of prison mayor in its maximum period and a fine of
not less than Fifty thousand pesos (P50,000.00):
Provided, That this provision shall not apply to any
person who is related within the fourth degree of
consanguinity or affinity or any bond recognized by
law, local custom and tradition or acts in the
performance of a social, moral or legal duty.
• (c) Any person who shall induce, deliver or offer a
minor to any one prohibited by this Act to keep or
have in his company a minor as provided in the
preceding paragraph shall suffer the penalty of
prision mayor in its medium period and a fine of not
less than Forty thousand pesos (P40,000.00);
Provided, however, That should the perpetrator be an
ascendant, stepparent or guardian of the minor, the
penalty to be imposed shall be prision mayor in its
maximum period, a fine of not less than Fifty thousand
pesos (P50,000.00), and the loss of parental authority
over the minor.
• (d) Any person, owner, manager or one entrusted with
the operation of any public or private place of
accommodation, whether for occupancy, food, drink or
otherwise, including residential places, who allows any
person to take along with him to such place or places
any minor herein described shall be imposed a
penalty of prison mayor in its medium period and a
fine of not less than Fifty thousand pesos
(P50,000.00), and the loss of the license to operate
such a place or establishment.
• (e) Any person who shall use, coerce, force or
intimidate a street child or any other child to:

(1) Beg or use begging as a means of living;

• (2) Act as conduit or middlemen in drug trafficking or
pushing; or
• (3) Conduct any illegal activities, shall suffer the
penalty of prison correctional in its medium period to
reclusion Perpetua.
• Sec. 12. Employment of Children. - Children below
fifteen (15) years of age may be employed except:
(1) When a child works directly under the sole
responsibility of his parents or legal guardian and
where only members of the employer's family are
employed: Provided, however, That his employment
neither endangers his life, safety and health and
morals, nor impairs his normal development: Provided,
further, That the parent or legal guardian shall
provide the said minor child with the prescribed
primary and/or secondary education; or
• (2) When a child's employment or participation in
public & entertainment or information through cinema,
theater, radio or television is essential: Provided, The
employment contract concluded by the child's parent
or guardian, with the express agreement of the child
concerned, if possible, and the approval of the
Department of Labor and Employment: Provided, That
the following requirements in all instances are strictly
complied with:
• (a) The employer shall ensure the protection, health,
safety and morals of the child;
• (b) the employer shall institute measures to prevent the
child's exploitation or discrimination taking into account
the system and level of remuneration, and the duration
and arrangement of working time; and
• (c) The employer shall formulate and implement,
subject to the approval and supervision of competent
authorities, a continuing program for training and skill
acquisition of the child.
In the above exceptional cases where any such child
may be employed, the employer shall first secure,
before engaging such child, a work permit from the
Department of Labor and Employment which shall
ensure observance of the above requirement.
• Sec. 13. Non-formal Education for Working Children.
- The Department of Education, Culture and Sports
shall promulgate a course design under its non-formal
education program aimed at promoting the
intellectual, moral and vocational efficiency of working
children who have not undergone or finished
elementary or secondary education. Such course
design shall integrate the learning process deemed
most effective under given circumstances.
• Sec. 14. Prohibition on the Employment of Children
in Certain Advertisements. - No person shall employ
child models in all commercials or advertisements
promoting alcoholic beverages, intoxicating drinks,
tobacco and its byproducts and violence.
• Sec. 15. Duty of Employer. - Every employer shall
comply with the duties provided for in Articles 108
and 109 of Presidential Decree No. 603.
• Sec. 16. Penalties. - Any person who shall violate any
provision of this Article shall suffer the penalty of a
fine of not less than One thousand pesos (P1,000) but
not more than Ten thousand pesos (P10,000) or
imprisonment of not less than three (3) months but not
more than three (3) years, or both at the discretion of
the court: Provided, That, in case of repeated
violations of the provisions of this Article, the
offender's license to operate shall be revoked.
• Section 17. Survival, Protection and Development. – In
addition to the rights guaranteed to children under this
Act and other existing laws, children of indigenous
cultural communities shall be entitled to protection,
survival and development consistent with the customs
and traditions of their respective communities.
• Section 18. System of and Access to Education. – The
Department of Education, Culture and Sports shall
develop and institute an alternative system of
education for children of indigenous cultural
communities which culture-specific and relevant to the
needs of and the existing situation in their communities.
The Department of Education, Culture and Sports shall
also accredit and support non-formal but functional
indigenous educational programs conducted by non-
government organizations in said communities.
• Section 19. Health and Nutrition. – The delivery of
basic social services in health and nutrition to children
of indigenous cultural communities shall be given
priority by all government agencies concerned.
Hospitals and other health institution shall ensure that
children of indigenous cultural communities are given
equal attention. In the provision of health and nutrition
services to children of indigenous cultural communities,
indigenous health practices shall be respected and
recognized.
• Section 20. Discrimination. – Children of indigenous
cultural communities shall not be subjected to any and
all forms of discrimination.
• Any person who discriminate against children of
indigenous cultural communities shall suffer a penalty
of arresto mayor in its maximum period and a fine
of not less than Five thousand pesos (P5,000) more
than Ten thousand pesos (P10,000).
• Section 21. Participation. – Indigenous cultural
communities, through their duly-designated or
appointed representatives shall be involved in
planning, decision-making implementation, and
evaluation of all government programs affecting
children of indigenous cultural communities. Indigenous
institution shall also be recognized and respected.
• Section 22. Children as Zones of Peace.– Children are hereby
declared as Zones of Peace. It shall be the responsibility of the
State and all other sectors concerned to resolve armed conflicts
in order to promote the goal of children as zones of peace. To
attain this objective, the following policies shall be observed
• (a) Children shall not be the object of attack and shall be entitled to
special respect. They shall be protected from any form of threat, assault,
torture or other cruel, inhumane or degrading treatment;
• (b) Children shall not be recruited to become members of the
Armed Forces of the Philippines of its civilian units or other
armed groups, nor be allowed to take part in the fighting, or
used as guides, couriers, or spies;
• (c) Delivery of basic social services such as education, primary
health and emergency relief services shall be kept
unhampered;
• (d) The safety and protection of those who provide services
including those involved in fact-finding missions from both
government and non-government institutions shall be ensured.
They shall not be subjected to undue harassment in the
performance of their work;
• (e) Public infrastructure such as schools, hospitals and rural
health units shall not be utilized for military purposes such as
command posts, barracks, detachments, and supply depots; and
• (f) All appropriate steps shall be taken to facilitate the reunion
of families temporarily separated due to armed conflict.
• Children shall be given priority during evacuation as a result of
armed conflict. Existing community organizations shall be
tapped to look after the safety and well-being of children
during evacuation operations. Measures shall be taken to ensure
that children evacuated are accompanied by persons
responsible for their safety and well-being.
• Whenever possible, members of the same family shall be
housed in the same premises and given separate
accommodation from other evacuees and provided with
facilities to lead a normal family life. In places of temporary
shelter, expectant and nursing mothers and children shall be
given additional food in proportion to their physiological needs.
Whenever feasible, children shall be given opportunities for
physical exercise, sports and outdoor games.
 Any child who has been arrested for reasons related to armed
conflict, either as combatant, courier, guide or spy is entitled to
the following rights;
(a) Separate detention from adults except where families are
accommodated as family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of
the child; and
(d) Release of the child on recognizance within twenty-four (24)
hours to the custody of the Department of Social Welfare and
Development or any responsible member of the community as
determined by the court.
• If after hearing the evidence in the proper proceedings the court
should find that the aforesaid child committed the acts charged
against him, the court shall determine the imposable penalty,
including any civil liability chargeable against him.
• However, instead of pronouncing judgment of conviction, the court
shall suspend all further proceedings and shall commit such child to
the custody or care of the Department of Social Welfare and
Development or to any training institution operated by the
Government, or duly-licensed agencies or any other responsible
person, until he has had reached eighteen (18) years of age or, for a
shorter period as the court may deem proper, after considering the
reports and recommendations of the Department of Social Welfare
and Development or the agency or responsible individual under
whose care he has been committed
• The aforesaid child shall subject to visitation and supervision by
a representative of the Department of Social Welfare and
Development or any duly-licensed agency or such other officer
as the court may designate subject to such conditions as it may
prescribe.
• The aforesaid child whose sentence is suspended can appeal
from the order of the court in the same manner as appeals in
criminal cases.
• The chairman of the barangay affected by the armed conflict
shall submit the names of children residing in said barangay to
the municipal social welfare and development officer within
twenty-four (24) hours from the occurrence of the armed
conflict.
• Section 27. Who May File a Complaint.– Complaints on cases of
unlawful acts committed against the children as enumerated herein
may be filed by the following:
• (a) Offended party;
• (b) Parents or guardians;
• (c) Ascendant or collateral relative within the third degree of
consanguinity;1 awphi 1@ITC
• (d) Officer, social worker or representative of a licensed child-caring
institution;
• (e) Officer or social worker of the Department of Social Welfare and
Development;
• (f) Barangay chairman; or(g) At least three (3) concerned responsible
citizens where the violation occurred.
• Section 28. Protective Custody of the Child.– The offended
party shall be immediately placed under the protective custody
of the Department of Social Welfare and Development
pursuant to Executive Order No. 56, series of 1986. In the
regular performance of this function, the officer of the
Department of Social Welfare and Development shall be free
from any administrative, civil or criminal liability. Custody
proceedings shall be in accordance with the provisions of
Presidential Decree No. 603.
• Section 29. Confidentiality.– At the instance of the offended
party, his name may be withheld from the public until the court
acquires jurisdiction over the case.It shall be unlawful for any
editor, publisher, and reporter or columnist in case of printed
materials, announcer or producer in case of television and radio
broadcasting, producer and director of the film in case of the
movie industry, to cause undue and sensationalized publicity of
any case of violation of this Act which results in the moral
degradation and suffering of the offended party.Law
• Cases involving violations of this Act shall be heard in the
chambers of the judge of the Regional Trial Court duly
designated as Juvenile and Domestic Court.
• Any provision of existing law to the contrary notwithstanding
and with the exception of habeas corpus, election cases, and
cases involving detention prisoners and persons covered by
Republic Act No. 4908, all courts shall give preference to the
hearing or disposition of cases involving violations of this Act.
• Section 31. Common Penal Provisions.–(a) The penalty provided under
this Act shall be imposed in its maximum period if the offender has
been previously convicted under this Act;
• (b) When the offender is a corporation, partnership or association,
the officer or employee thereof who is responsible for the violation of
this Act shall suffer the penalty imposed in its maximum period;
• (c) The penalty provided herein shall be imposed in its maximum
period when the perpetrator is an ascendant, parent guardian,
stepparent or collateral relative within the second degree of
consanguinity or affinity, or a manager or owner of an establishment
which has no license to operate or its license has expired or has been
revoked;
• (d) When the offender is a foreigner, he shall be deported
immediately after service of sentence and forever barred from entry
to the country;
• (e) The penalty provided for in this Act shall be imposed in its
maximum period if the offender is a public officer or employee:
Provided, however, That if the penalty imposed is reclusion
perpetua or reclusion temporal, then the penalty of perpetual
or temporary absolute disqualification shall also be imposed:
Provided, finally, That if the penalty imposed is prision
correccional or arresto mayor, the penalty of suspension shall
also be imposed; and
• (f) A fine to be determined by the court shall be imposed and
administered as a cash fund by the Department of Social
Welfare and Development and disbursed for the rehabilitation
of each child victim, or any immediate member of his family if
the latter is the perpetrator of the offense
• Section 32. Rules and Regulations.– Unless otherwise provided in this
Act, the Department of Justice, in coordination with the Department of
Social Welfare and Development, shall promulgate rules and
regulations of the effective implementation of this Act.Such rules and
regulations shall take effect upon their publication in two (2) national
newspapers of general circulation.
• Section 33. Appropriations.– The amount necessary to carry out the
provisions of this Act is hereby authorized to be appropriated in the
General Appropriations Act of the year following its enactment into
law and thereafter.
• Section 34. Separability Clause.– If any provision of this Act is
declared invalid or unconstitutional, the remaining provisions not
affected thereby shall continue in full force and effect.
• Section 35. Repealing Clause.– All laws, decrees, or rules inconsistent
with the provisions of this Acts are hereby repealed or modified
accordingly.
• Section 36. Effectively Clause.– This Act shall take effect upon
completion of its publication in at least two (2) national
newspapers of general circulation.

• Approved: June 17, 1992.